Board Of Trustees For The Port Of Kolkata v. M/S. Ripley And Company Ltd

OD-28 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE [Via Video Conference] AP/696/2019 With IA NO.: GA/1/2020 (Old No.: GA/463/2020) BOARD OF TRUSTEES FOR THE PORT OF KOLKATA

Versus

M/S. RIPLEY AND COMPANY LTD.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 6th April, 2021.

Appearance:

Mr. Kishore Datta, Ld. A.G.

Mr. Snehashis Sen, Adv.

Mr. Abhishek Banerjee, Adv.

...for the petitioner Mr. Sankarsan Sarkar, Adv.

...for the respondent The Court : Learned counsel for petitioner and the respondent are present in Court and submit that the parties have settled their disputes out of Court. Counsel for the petitioner places letter dated 29th March, 2021 from the respondent to the General Manager, Haldia Dock Complex, recording that pursuant to a decision of a learned Conciliator and approval of the petitioner, the respondent award-holder has accepted Rs.5.5 Crores as full and final settlement against the Award dated 29th June, 2019. The respondent confirms that there are no outstanding dues from the Haldia Dock Complex.

Learned Advocate General for the petitioner/award-debtor submits that Haldia Dock Complex is under the petitioner Board of Trustees for the Port of Kolkata and that the letter is binding on the petitioner and the respondent before this Court.

In view of the above communication dated 29th March, 2021, this Court is of the view that nothing further remains to be decided in A.P. No. 696 of 2019. The Arbitration Petition is accordingly disposed of in terms of settlement as recorded in the letter mentioned above. G.A. no. 463 of 2020 which is for stay of the arbitral award, is also disposed of in terms of this order. Any interim orders passed by the Court shall stand vacated. The letter dated 29th March, 2021 is kept on record. (MOUSHUMI BHATTACHARYA, J.) TO